Court may pick bingo case lead prosecutor

Tuesday

Jun 29, 2010 at 12:01 AM

Two state prosecutors competed Monday for the right to lead the investigation into whether gambling machines at Greenetrack are legal.

By Jason MortonStaff Writer

EUTAW | Two state prosecutors competed Monday for the right to lead the investigation into whether gambling machines at Greenetrack are legal.In a hearing in Greene County Circuit Court, John Tyson, the commander of Gov. Bob Riley’s Task Force on Illegal Gambling, and Greg Griggers, district attorney for the 17th Judicial Circuit, which includes Greene County, each asserted jurisdiction over the probe.The legal question arose from an attempted inspection on June 18 of the Greenetrack Entertainment Complex near Eutaw by Riley’s task force.Tyson, who is also the district attorney for Mobile County, said task force members informed the bingo hall’s operators that they were there to carry out a seizure action sought and obtained by Griggers two weeks earlier,On June 4, Griggers received a signed court order from Circuit Judge Eddie Hardaway, who presided over Monday’s hearing, to take three of Greenetrack’s approximately 850 electronic bingo machines and leave the rest as “seized in place,” pending the outcome of an investigation initiated by Griggers and then-Greene County Sheriff Ronald K. Smith.Griggers, however, told the court that he was not aware of the task force’s attempted inspection, which was halted by an order from Hardaway, and said it was improper.“I object to anyone from the task force showing up anywhere and saying they’re standing in my shoes on behalf of my case,” Griggers said.Tyson, who has led Riley’s task force since January, argued that he and Griggers represent the same entity — the state of Alabama — and that a recent decision by the Alabama Supreme Court allows him to take over a local case as it relates to the ongoing statewide investigation into alleged illegal gambling.“The chief executive of the state of Alabama has decided that Mr. Griggers is not taking the appropriate action,” Tyson told the court, “and he has asked me to come down here and take over.”Tyson pointed to the May 21 ruling by the state’s high court that Riley’s power superseded that of Attorney General Troy King — the chief prosecutor in the state — and that King could not take over Riley’s task force and assume control of the various criminal cases pending related to electronic bingo operations in Alabama.Applying that ruling to the Greenetrack case, Tyson argued that Hardaway could not prevent him from taking over the case filed by Griggers on June 4. Citing another Supreme Court ruling, Tyson also said Hardaway did not have the authority to determine the legality of the machines. Riley contends that the games played on the electronic machines do not meet the legal definiton of bingo, and that they are actually slot machines.“You don’t have the jurisdiction ... on declaring whether the machines are legal or (preventing a raid),” Tyson said to the judge. “I am sure ... that the machines in question are slot machines.”Griggers, who was assisted in the hearing by John M. Bolton III, the attorney representing Greenetrack, said that it was Tyson — not Hardaway — who lacked jurisdiction in the case.The district attorney said that the court action he sought earlier this month amounted to a civil action. Because of that, Griggers said, the governor’s office had no authority to take the case away from him.The best Riley could do would be to appoint a co-counsel, but the case still would be his to lead, Griggers said.Bolton went on to criticize Tyson and the state’s handling of the June 18 inspection at Greenetrack, which he and Griggers labeled a “raid.” Tyson said it was not a raid, but an effort to examine machines based on Hardaway’s previous court order.The Greenetrack attorney also defended Griggers from Tyson’s claim of inaction, which Tyson leveled over Griggers’ refusal to seize all the machines and shut down Greenetrack’s bingo operation until the case is settled by a court.The cooperation between Griggers and Bolton fueled another claim by Tyson.“There is no difference of opinion between the defendants (Greenetrack) and Mr. Griggers, which makes me question the entire case ... ” Tyson said in a post-hearing news conference. “I happen to think that Greene County can do better than an illegal casino.”Griggers said Bolton’s assistance resulted from an “understanding of the law” that a takeover of his civil action against Greenetrack would set a new precedent in Alabama. “The fact is, the task force has been in effect for months ... and they’ve never done one thing at the Greenetrack,” Griggers said in his own post-hearing news conference. “I’m not going to sit by and let some precedent ... be set that could have far-reaching effects for district attorneys across this state.”Hardaway made no decision following the 90-minute hearing, nor did he set a timetable for a ruling.

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